SJC Expands  Pure Emergency Exception to Animals in  Duncan

SJC Expands Pure Emergency Exception to Animals in Duncan

On April 11, 2014, the Massachusetts Supreme Judicial Court (SJC) extended the pure-emergency exception to allow police officers and other public officials to enter a home without first obtaining a warrant “to render emergency assistance to animals.” The Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights each require a judicial determination of probable cause prior to a government intrusion into an individual’s dwelling. Nevertheless, there are a number of exceptions to this requirement. One such exception “permits the police to enter a home without a warrant when

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D.C. Circuit in Verizon Strikes FCC’s “Net Neutrality” Rules  for Broadband Providers

D.C. Circuit in Verizon Strikes FCC’s “Net Neutrality” Rules for Broadband Providers

In Verizon v. FCC, the United States Court of Appeals for the District of Columbia, for the second time in four years, reviewed the Federal Communications Commission’s (FCC) authority to impose “net neutrality” rules on broadband service providers’ network management practices.

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SJC Requires Search Warrants To Obtain Defendants’ Cellular Site Location Information in Augustine

SJC Requires Search Warrants To Obtain Defendants’ Cellular Site Location Information in Augustine

The right for a person to be free in his or her body, effects, and property from governmental intrusion serves as the bedrock of the Bill of Rights, as well as the Commonwealth of Massachusetts’s Declaration of Rights.

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Latest Print Edition

PdfPDF by Honorable Richard J. Leon, | February-21-2015 |

When I arrived at Suffolk Law School in the Fall of 1971, Professor John E. Fenton, Jr., was already a faculty icon. He was universally considered to be one of its very top teachers. He was the faculty advisor to both the Law Review and the Moot Court Board. And he was, hands down, the most approachable, and fun, faculty member. Little did I know when an upperclassman pointed him out to me as a fellow Holy Cross alum, how profound an impact he would have on the direction of my career and life.  

PdfPDF by William T. Corbett | February-20-2015 |

On August 24, 2014, Suffolk University Law School lost a legendary and inspirational leader. Outside of Gleason Archer who founded the law school in 1906, few have left their mark on the institution, its faculty, staff, students, and alumni as indelibly as did former Dean and Judge John E. Fenton, Jr. In the eyes and hearts of many, his name and Suffolk Law are synonymous.  

PdfPDF by Mark W. Cordes | February-19-2015 |

In recent decades, public school buildings have become increasingly important venues for religious worship services. This is an outgrowth of two factors. First, school districts today commonly make their facilities available during non-school hours to a variety of community groups. This partially reflects schools’ desire to support local community activity, but in many cases they also have significant financial incentives to charge rent for the space. School district community-use policies are typically open to a range of uses and groups, including religious, thus making the space available to religious groups. Indeed, excluding religious uses from a school-created forum could potentially violate the First Amendment, as reflected in a series of Supreme Court decisions.  

PdfPDF by Susan S. Bendlin | February-18-2015 |

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of eighteen and twenty-four are injured every year while under the influence of alcohol. More than 100,000 students have reported that they were too intoxicated to know whether they had consented to having sex, and an estimated 97,000 students annually are victims of alcohol-related sexual assault or date rape. College students report a higher binge-drinking rate and are involved in more drunk driving incidents than eighteen to twenty-four year olds who are not in college.  

PdfPDF by Ryan DeSisto | February-17-2015 |

Inventor Brandon Shalton was in the process of testing his invention, which would digitize phone messages and post them instantly to his church’s website, when he received a demand letter from Acacia Research Corporation. The letter claimed that Shalton’s invention infringed an Acacia patent and demanded a license payment under the threat of litigation. Faced with the high cost and uncertainty of litigation, Mr. Shalton did what many small- and medium-sized inventors and businesses have chosen to do when faced with a broad and threatening patent-infringement demand letter: He abandoned his invention. The 2011 passage of the Leahy-Smith America Invents Act (AIA) represented the most significant patent reform in over half a century and an earnest attempt by Congress to [...]

PdfPDF by Cody R. Friesz | February-16-2015 |

Small businesses are imperative in the United States economy. Small businesses make up 99.7 percent of all employer firms in the United States. These firms employ nearly fifty-five million individuals and provide 42.6 percent of the nation’s private-sector payroll. In addition, small businesses are job creators. Between 1993 and 2013, small businesses accounted for 14.3 million net new jobs, sixty-three percent of net new jobs during that period. Further, these firms are responsible for sixty percent of the net new jobs created since the most recent recession. Additionally, in March 2011, about 900,000 self-employed individuals were unemployed the prior year.   Small businesses, despite their prominence in the economy, account for the vast majority of firm failures. One cause of [...]

PdfPDF by Alexander T. Maur | February-15-2015 |

Hydraulic fracturing—also known as fracking or hydrofracking—is a highly controversial process used for the extraction of oil and natural gas. To date, regulation at the federal level—by Congress and the EPA—has failed to set clear standards for use of the technique. Many proponents of fracking applaud the positive economic impacts, job creation, and a future of American energy independence that are associated with its use across the United States. There are, however, a number of areas of environmental concern associated with hydraulic fracturing.  


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